Mahinder Narain ( 1 ) BY this application, the plaintiff seeks to restrain the defendant from using the trade mark surya or any other trade name or trade mark identical with or deceptively similar to the plaintiff s/applicant s aforementioned trade name and trade mark consisting of the device of surya . ( 2 ) surya is the Hindi name of the sun . sun as the center of the solar system has existed for long long time, so has surya . ( 3 ) I do not think that any person can exclusively appropriate the word surya per se for himself. I am not inclined to grant injunction with respect to the word surya . ( 4 ) HOWEVER, as per the registeration certificate which has been filed, that has been granted with respect to a manifestation of the sun which is, or appears to be a creation of the plaintiff and it is in a very stylised form. It has flames or what appears to be flames around its circumference with eyes, nose and a mouth. This device is what is registered as the device of the appellant, and this device is what is entitled to exclusive use by virtue of the registration in favour of the plaintiff. ( 5 ) I have seen the sun device of the defendant. It is a half circle with lines radially projecting out of its circumference, alternate lines being long, and alternate lines being short. ( 6 ) KEEPING the two side by side, difference in the two are very clear. Whereas the device of the plaintiff has got curving flames around the circumference. The radial lines along the circumference of the half circle of the defendant are straight lines. 282 ( 7 ) I do not think that any reasonable person can be confused, or deceived into believing that one mark is the same as the other. I do not think that there is any chance of confusion between the two marks in this case. ( 8 ) NEITHER can stylised surya mark of the Surya Coconut Oil Industries be confused by any reasonable person as the mark of the half sun of Surya Agro-Oils Ltd. , nor can the half sun of Surya Agro-Oils Ltd. be confused with mark of Surya Coconut Oil Industries. ( 8 ) NEITHER can stylised surya mark of the Surya Coconut Oil Industries be confused by any reasonable person as the mark of the half sun of Surya Agro-Oils Ltd. , nor can the half sun of Surya Agro-Oils Ltd. be confused with mark of Surya Coconut Oil Industries. Neither of the parties are entitled to injunction against the other of them for restraining the other of them from using their own marks. The observations made herein are only for the purposes of this interlocutory application for injunction, and shall not in any way affect the matter of final determination of the respective rights of the parties. I. A. stands disposed of. To come up on 15. 09. 1994 for framing of issues. Parties to bring detailed suggested issues to Court on that date. Petition dismissed.